Gordon v. Second Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Kate Gordon, an infant, by Mathilda Gordon, her guardian ad litem, against the Second Avenue Railroad Company. From an order setting aside a verdict for plaintiff and granting a new trial, plaintiff appeals.
1Per curiam
This cause, in which it was sought to recover damages for personal injuries sustained by the infant plaintiff, was submitted to' the jury on the testimony of the plaintiff’s witnesses alone as to the facts connected with the accident, no proof being offered by the defendant on that subject. The plaintiff had a verdict, which, on motion, was set aside as contrary to the evidence. It was shown on cross-examination of some of the plaintiff’s witnesses that their statements on material matters were in conflict with what they swore to on the same matters on a former trial. The trial judge, as he…
2Cases cited2 opinions
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Ludeman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898